Bills & Legislation

The Old Constitution gave little direction on the procedures to be followed on the process of consideration, debate and the enactment of legislative Bills. Thus the 10th Parliament largely conducted its business of legislation as guided by Acts of Parliament. As we mentioned at the introduction, this Parliament has existed during a transitional period in which Kenya has adopted a new constitution. During this time of transition, the National Assembly has made major constitutional amendments such as the National Dialogue and Reconciliation Act of 2008 that allowed for a coalition government between the Orange Democratic Movement ODM and the Party of National Unity, PNU. This Act introduced an amendment that established the offices of a Prime Minister and two Deputy Prime-Ministers.

The 10th Parliament was also assigned the important task of considering (debating) and enacting numerous important legislation designed to bring to effect and operationalise the Constitution of Kenya 2010. Some of the key legislation sought to repeal respective sections of the law whose force and legality had been overtaken by the enactment of the New Constitution. Other legislation aimed to establish State Organs that have been created by the New Constitution, and yet others are designed to establish and actualise the new system of devolution. Still other Acts provided for transitional legislation over a 5 year period for the full implementation of the New Constitution. The New Constitution, unlike the Old one, permitted a Member of Parliament, a Committee of Parliament or a member of the public to initiate a Bill. Chapter 8 - The Legislature, Part 5 - Parliament's General Procedures and Rules:

119. (1) Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal anylegislation.(2) Parliament shall make provision for the procedure for the exercise of this right.

Click on the following link for more on the Bills and Acts of Parliament that had a direct bearing on the new constitutional dispensation in Kenya. Most of these legislation had clear and specific time-lines as defined by the New Constitution. Below in Table 1, are excerpts from the Fifth Schedule of the Constitution of Kenya 2010, and which are timed to have been enacted by the end of the term of the 10th Parliament: